Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:128239 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 11074 of 2024 Petitioner :- Pawan Kumar Agrawal Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Digvijay Tiwari Counsel for Respondent :- G.A.,Saurabh Pandey,Suresh Chandra Pandey With Case :- MATTERS UNDER ARTICLE 227 No. - 4944 of 2019 Petitioner :- Harveer And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anil Kumar Aditya Counsel for Respondent :- Digvijay Tiwari,G.A. Hon'ble Ms. Nand Prabha Shukla,J.
Learned counsel for the petitioner states that the petition Under Article 227 No. 4914 of 2019 (Smt. Sangita v. State of U.P. and others) has wrongly been clubbed. Let the same be de-linked from the present bunch of petitions. Heard learned counsel for the petitioner/first informant, learned counsel for the respondent/accused Nos. 2 and 3, learned AGA for the State and perused the record. The present petition under Article 227 of Constitution of India has been filed seeking the following relief:-
"a) set aside the impugned order dated 18.06.2024 passed by learned Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Court No.1, Mathura in Case No. 62 of 2020 (State Vs. Ramesh and Others), arising out of Case Crime No. 651 of 2018, under Section 307, 120-B I.P.C., Police Station-Jamunapur, District-Mathura. (Annexure No.1 to the petition)" It has been submitted by learned counsel for the petitioner that in pursuance of the interim relief dated 26.06.2019 granted by the co- ordinate bench of this Court in Matter Under Article 227 No. 4944 of 2019 (Harveer and another v. State of U.P. and 06 others), the trial has been held up. The said interim order has been extended till date and the writ petition is still pending. From the perusal of the records, it transpires that the aforesaid
interim order is based on the reasoning given in the writ petition Matter Under Article 227 No. 4914 of 2019 (Sangita v. State of U.P. and others) which was wrongly connected at that point of time and pertains to a separate case crime of different police stations and has no concern with the instant matter. Keeping in view the aforesaid facts and circumstances, as the interim order granted in favour of respondents- accused granted in Writ Petition No. 4944 of 2019 is hereby vacated and the petition is dismissed. Accordingly, the order dated 18.06.2024 passed by the Additional Civil Judge (S.D.)/Additional Judicial Magistrate, Court No. 1, Agra hereby set aside. The trial shall proceed in accordance with law, if there is no other legal impediment. The instant petition No. 11074 of 2024 is hereby, allowed.
Order Date :- 31.7.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad